TERMS AND CONDITIONS

 

The main role of Shadows of Africa is to create customer-oriented tours and itineraries.

Clients receive a detailed itinerary at the time of booking that includes details of accommodation and activities. 

 

The safari services agreed with the client will be provided, except in the event of unforeseen circumstances, such as road closures, bad weather, problems, or security concerns. In such cases the itinerary may be changed, at the discretion of the company, clients informed, and alternative arrangements made as circumstances permit.

 

Shadows of Africa will make every reasonable effort to ensure the same quality and character of the itinerary.

 

Clients must accept that conditions in Africa are not the same as those in developed countries. In Africa, we are exposed to unannounced and sudden changes in government regulated fees and taxes, such as national park fees and taxes. Shadows of Africa reserves the right to pass these local taxes/fees on to their customers.

The following are our terms and conditions.

PRICES

All prices are given in US dollars (USD) per person. Prices are based on costs at the time of publication. In creating your desired tour and itinerary, we may use independent suppliers.

 

The price of your itinerary will be based on known costs at the date of issue of the itinerary.

 

Clients must accept that conditions in Africa are not the same as those in developed countries. In Africa, we are exposed to unannounced and sudden changes in government regulated fees and taxes, such as national park fees and taxes. Shadows of Africa reserves the right to pass these local taxes/fees on to their customers.

 

At any time before a full payment of your holiday has been made Shadows of Africa reserves the right to levy a surcharge where costs have changed since the date of issue of the itinerary. Shadows of Africa will absorb amounts up to 2% of the total holiday price and surcharge any amount greater than 2%. Should the surcharge exceed 10% of the total holiday price you are entitled to cancel the holiday and receive a full refund of all monies paid. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

Prices in general include:

 

  • Park entrance fees (except where specifically indicated otherwise);
  • Service charges;
  • Ground transportation and airport transfers;
  • Accommodation as indicated;
  • Government taxes and fees;
  • English speaking tour guides/drivers/guides/porters. Additional languages can be arranged at additional cost;
  • 4x4 vehicle and all associated expenses while on tour;
  • Unlimited game-viewing between the hours of 06:00 and 18:00;

Items excluded from our pricing include, but at not limited to, the following:

 

  • International flights;
  • Airport taxes;
  • Landing fees (for charter flights);
  • Phone calls;
  • Visas;
  • Toiletries and items of a personal nature;
  • Tips;
  • Souvenirs;
  • Soft drinks;
  • Alcoholic beverages;
  • Laundry;
  • Travel and personal insurance;
  • Any tour or service not specifically mentioned as included in your itinerary.

In the event that an item is not specifically mentioned in the above, it is automatically included in the list of exclusions.

 

Payment Terms

 

After booking you will receive an invoice from Shadows of Africa.

 

Upon receipt of your invoice, you will have to pay a non-refundable deposit of 30% of the total.

 

If your itinerary includes gorilla, golden monkey, or chimpanzee trekking permits or flights of any kind, the total value of these must be paid in addition to the aforementioned 30%. Flights and primate trekking permits are non-refundable.

 

All deposits must be paid within 14 days of receiving our invoice.

 

We will consider only the actual amount received by our bank account as paid. All additional transfer costs need to be paid by the client.

 

The balance of your payment must be paid a minimum 45 days before the beginning of your tour.

 

In the event payment has not been received on time, we reserve the right to cancel all bookings.

 

Method of Payment

 

Payment can be made via bank or wire transfer or via credit card.

 

Credit card payments attract a surcharge of 5% 

BOOKING CONDITIONS

 

Bookings should be made as early as possible to guarantee the desired tour, itinerary, and departure date.

 

Your contract is with Shadows of Africa (hereinafter called “we” or “us”). We draw your attention to the following terms and conditions, which cover all brochures and correspondence and all bookings made with us.

 

Any contract with Shadows of Africa is subject to these terms and conditions from which no person, other than a director of Shadows of Africa, has the authority to depart.

 

Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us). By asking us to confirm your booking you are liable to be regarded as having had the opportunity to do so and to have done so before the contract between us comes into existence.

 

A binding contract comes into existence between us when:

 

(a)             we receive a deposit of 30% of the quote price, or

(b)            when we receive full payment of the holiday when the booking is made less than 45 days before your departure date.

No contract will exist between the parties until such monies have been received.

 

We require full payment to be made for your holiday 45 days prior to the departure date. If full payment is not received 45 days prior to the departure date, we reserve the right to cancel your holiday and apply the cancellation charges set out in the relevant section of these terms & conditions. Cancellation will be without penalty to us and we will have no further liability to you.

 

If however, you have already provided us with your credit or debit card details whether this was to make a payment on account or not, and you do not specifically notify us in writing to the contrary prior to the date upon which any balance becomes payable by you, you agree that we may use such credit or debit card details to obtain payment of any balance due by you under this agreement.

 

The lead booking name is liable for making full payment for all persons in the booking party and all those in the booking party agree to be bound by conditions (including anyone added or substituted at a later stage). It is the responsibility of the lead booking name responsible for making the booking to ensure all in their party are aware of and have read these terms and conditions.

 

If you accept our quote in respect of your holiday you must make a payment of 30% of the total price of the quote within 14 days. A delay in acceptance of the quote may result in a variation of the price.

 

Where the proposed departure date is within 45 days of the quote being given, we require full payment at the time of your written acceptance of the quote.

 

At the time of booking you will also need to give us the information about each client’s nationality and date of birth. We may also require you to provide us with passport numbers and/or scanned copies of passport photo pages for all members of your party. It is your responsibility to make sure that you have the correct names, nationality and dates of birth for each client who is traveling with you.

 

Confirmed tours and itineraries cannot be transferred to any other date. You must check what is included in the price and inform us before booking if you do not agree or if something is not clear. Later complaints after booking, will not be considered.

 

ITINERARY CHANGES AND FEES

 

If you wish to change your itinerary after a deposit has been made, we will do our utmost to make the changes required, provided that notification is received in writing. 

 

The change fee is $100 per person in addition to any other fees such as cancellation penalties, airline fees, or fees passed onto us from hotel or local operators.

 

Any requests for changes to be made to your itinerary within 60 days of your arrival date are subject to cancellation fees.

 

If you wish to modify your itinerary during your safari, Shadows of Africa is not liable for any additional expenses, nor will any refunds be given for unused services.

 

CANCELLATIONS AND REFUNDS

 

CANCELLATION BY YOU

 

In the event that you must cancel your booking before your departure, you must notify Shadows of Africa in writing. The effective date of your cancellation is the date that we receive your written notification.

 

In all cases of cancellation, the deposit, and any amendment charges may be forfeited, as are flights, primate trekking permits, and any deposits already paid to hotels or local tour operators on your behalf.

 

In addition, cancellations are subject to a cancellation fee. Cancellation fees are expressed at a percentage of your quoted price as follows:

 

  • 31 – 45 days: 30% of total invoice.
  • 21 – 31 days: 50% of total invoice.
  • 11 – 20 days: 60% of total invoice.
  • 3 – 10 days: 70% of total invoice.
  • Within 72 hours: 100% of total invoice.

We strongly urge all our clients to take out travel insurance with cancellation coverage.

 

Failure to deliver the balance payment by the due date (usually 45 days before your travel dates) will also be considered cancellation unless written notice of the delay is provided and our representative agrees to the delay.

Matters influencing a surcharge include, but are not limited to, increases in transportation costs e.g. fuel, scheduled air fares and any other airline surcharges, taxes or fees payable for services such as landing taxes, or embarkation or disembarkation fees at ports or airports, or increases in park fees, reserve fees or concession fees.

 

We give no partial refunds for any unused portions of your tour, or if any part of the service or climb are not utilized. If a tour needs to be cancelled, shortened, or altered due to illness or injury, no refund will be issued for the unused service or climb. In this case the client needs to pay all additional costs.

 

Also, any unused portions of your safari or tour after departure are not subject to a refund. No refunds will be paid if the client wishes to stop the trip after departure or does not wish to use any arranged, booked and already paid services.

CANCELLATION BY US

 

We reserve the right in any circumstances to cancel your holiday for any reason at any time before full payment has been received. Whilst we always endeavor to avoid changes and flight cancellations, we must reserve the right to do so. In these circumstances we will return to you all monies paid or offer an alternative holiday of a comparable or higher standard. We may cancel your confirmed holiday if you fail to comply with any requirement of these booking conditions entitling us to cancel.

 

 

 

FORCE MAJEURE

 

We cannot accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure. In these booking conditions force majeure means any event which we or the supplier of services in question could not even with all due care foresee or avoid. Such events are likely to include, but are not limited to, war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, breakout of an epidemic or pandemic disease, technical problems with transport, cancellation or amendment to any scheduled flight, closure or congestion of airports or ports, adverse weather conditions and all similar events outside our control. In circumstances amounting to force majeure we will not refund any money to you although if we can recover any monies from our suppliers, we will refund these to you.

 

REFUND PROCESSING TIME

 

In the event a refund is due, you will receive the agreed upon amount within 90 days except in the case of force majeure.

 

Subject to refund are all sums paid by clients minus the airline ticket cancellation charges and non-refundable deposits for parks, hotels and other services included in your itinerary, and any deposits already paid to hotels or local tour operators as well as other services paid on your behalf included in the itinerary.

 

ALTERATION

 

We reserve the right to alter any arrangements or cancel a scheduled operation should it be obligatory in case of air schedule, poor road conditions, weather conditions, security matters, border closures, or any other reason beyond our control.

 

The local conditions in Africa are not always predictable and from time to time delays and diversions from the planned route may prove necessary. We will do our best to please you and minimize inconveniences but cannot be responsible for matters clearly beyond our control. See the description of force majeure above for more information.

 

Most of these changes are minor and we will advise you of these in writing at the earliest possible date. When a major change is necessary such as the alteration of your outward or return flights by more than 12 hours or a significant change in the standard of accommodation, provided it does not arise from conditions amounting to force majeure or as a result of an amendment to a scheduled airline timetable, you will have the choice of accepting the new arrangements or cancelling your holiday and receiving a full refund of all monies paid. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable, and the above-mentioned options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel, or if the change is a minor one.

 

A minor change is a change which, taking into account the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we would not reasonably expect to have a significant effect on your confirmed holiday. No compensation is payable for children aged 2 and under.

 

Please note we cannot accept any liability for any damage, loss, expense or other sums of any description, which:

(a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or (b) did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them our suppliers. Additionally, we cannot accept liability for any sums which relate to any business losses.

 

 

LIABILITY AND OUR RESPONSIBILITIES

 

Shadows of Africa, its agents and sub-contractors act only as the passenger's agents in matters relating the tours, itineraries, hotel accommodation, transportation etc., and shall not in any way be liable for injury, death, illness, delays, subsequent missing of ship, air or train connection, inconveniences arising from unannounced alteration of ship, air or train schedules, weather conditions, loss or damage to personal property whether resulting from but not limited to force majeure or acts of God, civil unrest or revolt, acts of war, strikes or other labor activities, animals, any criminal or terrorist activities, or epidemic or pandemic outbreaks.

 

The company is also not responsible for any overbooking or downgrading of any services or accommodation, mechanical or other failure of any means of transportation or failure of any transportation resulting in arrival or departure delay.

 

The company's liability towards passengers carried in their own vehicles is under domestic law of the country where the safari takes place and no other country. All claims are subject to the law of the courts of the country where the action happens. In case of a car damage or breakdown, a rescue vehicle will be provided, and any lost time will be compensated either with an additional day or a refund according to the time lost.

 

Shadows of Africa reserves the right to employ independent suppliers or sub-contractors for all or part of the arranged services. Our brochure descriptions and other information provided or made available in a resort or hotel, often refer to “other activities and excursions”, which are available at the property. These activities and excursions are not run nor controlled in any way by Shadows of Africa. They do not form any part of your contract with Shadows of Africa, even where we suggest or recommend particular operators/centers/trips and assist you in booking such activities or excursions in any way. Accordingly, we regret that Shadows of Africa cannot accept any liability in relation to these outside activities and excursions. Where we make or take any bookings for or from you in respect of any activity or excursion available, we do solely as booking agents. This is the case regardless of whether the activity is advertised or mentioned in our brochure, resort, on our website, or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. Shadows of Africa has no liability for any such activity or excursion or for any acts or omissions of the supplier or operator or for of it/their employees or agents or any other persons connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion for example in our capacity as booking agent, that liability is limited to the cost of the particular activity or excursion concerned. We do not limit or exclude our liability for death or personal injury arising from our negligence.

 

The company cannot be responsible for loss or damage to any luggage or equipment carried while on tour.

 

Shadows of Africa cannot be responsible for any willful or negligent act or inaction of any person or entity clearly not in their control, or of any other sub-contractors or third party not under their control.

 

Please keep in mind that we are only responsible for those services which were arranged, agreed and/or provided on your behalf. Any services which you arrange on your own are out of our liability and responsibility. This includes, for example any additional services or facilities, which your hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them.

 

We would remind customers that the infrastructure in developing countries may not be up to the same standard as you may be accustomed to. Some properties may experience the occasional power cut or water shortage. Please note that we will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: a) The fault of the persons affected or any members of their party, or b) The fault of a third party not connected with the provision of your holiday, which we could not have predicted or avoided, or c) An event or circumstances which we or the supplier of the services in question could not have predicted or avoided, even after taking all reasonable care (see force majeure), or d) The fault of anyone who is not carrying out work for us (generally or in particular) at the time.

 

In addition we will not be responsible where you do not enjoy your holiday or suffer problems because of a reason you did not tell us about when you booked your holiday, or where any problems you suffered did not arise from any breach of our contract, or other fault of ourselves or where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.

 

We accept responsibility for the negligent acts of our employees, agents and direct suppliers, which results in death, injury or illness. Our liability shall be limited to 200% of the holiday price for any claim other than those involving injury or death arising from our negligence. Our suppliers, such as accommodation or transport suppliers, have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport providers or other suppliers’ liability to you. You can get copies of such conditions from any offices of the relevant suppliers. If you or any member of your party is killed, injured or becomes ill as a result of transport by aircraft, ship, train or coach, the amount of compensation we will pay is limited in line with the Warsaw Convention, the Athens Convention, the Berne Convention, and the Geneva Convention. You should also note that these conditions may limit or remove the carrier’s liability to you and the amount the carrier must pay you.

 

You should also note the carrier will rely upon its conditions of carriage, which may limit or remove the carrier’s liability to you and limit compensation under international conventions. Shadows of Africa accepts liability as above only if a claim is notified to us in writing no later than one month after your return.

 

CARRIERS

 

Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions. Shadows of Africa accepts no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to Shadows of Africa, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. Shadows of Africa accepts no liability for death, injury or illness that derives from carriage by air or sea.

 

TRAVEL INSURANCE

 

All clients need to keep in mind that safaris, adventure travel, and particularly any physical activity like trekking long distances or climbing involves a certain risk factor and inherent dangers.

 

We therefore advise that persons not fit enough for such long, adventurous and rigorous trips due to chronic illness, heart disease, physical handicap, mental illness, or advanced pregnancy should not participate in these travel programs.

 

Shadows of Africa also reserves the right to accept or retain participation for any person on a tour at any time, if we consider someone unsuitable for the trip. In this case we will refund a fair and reasonable amount.

 

Parts of the safari and climbs can be physically demanding with driving over dirty, dusty and rough road, and high altitudes of almost 6,000 meters. Shadows of Africa must be informed in writing of any physical disability, allergy, or medical condition requiring attention or treatment at the time of the reservation.

 

The client accepts all possible dangers associated with such activities at their own risk. The possible risk factors and inherent dangers include, but are not limited to, risks of climbing, hiking mountains (i.e. falling stones, rock slides, etc.), equipment failures, walking safaris, trail obstructions, and on all safaris dangers of animals, and difficulty in evacuation from remote locations in case of a medical emergency and inaccessibility to medical care.

 

It is the client’s own responsibility to obtain proper medical advice about medication, immunization, and about their own physical ability for such a trip prior to departure. We are not liable to provide any medical care and our standard terms and conditions exclude liability for an adequate medical care that may be provided.

 

We therefore most strongly advise you to arrange an adequate insurance against any possible risk while on tour. Such travel insurance should cover medical expenses and repatriation, personal accidents, tour cancellation, and any kind of loss. Make sure your insurance is aware what kind of tour you are going to undertake.

 

By sending the deposit each passenger named on the booking form, certifies that they do not have any physical or other medical conditions that would interrupt the tour. We demand that any client with a medical condition requiring regular treatment or which could be affected by such demanding activities as heat, high altitude, cold, natural phenomenon, or food inform Shadows of Africa in writing before departure.

 

NATIONAL PARK RULES AND BAGGAGE RESTRICTIONS

 

Clients whose trip includes a visit to one or more National Parks and/or Conservation Areas must follow the rules and restrictions of the individual National Park and/or Conservation Area.

 

In case of rule violation, clients must pay a fine to the National Park. Shadows of Africa are not responsible for said fines. The instructions of guides and drivers must be followed.

 

Our safari vehicles have limited space, so baggage and luggage are restricted to one normal size suitcase, soft bag, or backpack, and one small backpack per person.

 

Baggage weight on all scheduled flights within the parks and trekking trips is limited to one bag of 15 kg per person. In case your baggage exceeds 15 kg, you will have to pay the cost for an additional porter on trekking trips and/or additional costs on all scheduled flights depending on the airline's rules (you will get specific details on your itinerary).

 

While on safari or a trekking tour the rest of your luggage can be stored in most of the hotels in Arusha.

 

DOCUMENTATION

 

Clients are obligated to carry proper documentation showing their citizenship, such as a passport. Please keep in mind that it is your responsibility to carry proper documentation, which should be valid for at least six months after your arrival. If you have any questions regarding entry requirements to any country in your itinerary, you should contact the nearest embassy or your consulate.

 

Shadows of Africa employees may provide you with limited information on the visa application process for countries included in your itinerary. Such advice is provided as a guideline. Shadows of Africa will not be liable if any information regarding visas provided by your booking agent is incorrect.

 

COMPLAINTS

 

If you have a problem during your holiday, please inform your booking manager  immediately and they will endeavor to put things right. If your problem cannot be resolved locally you must send email with  full details to Shadows of Africa in writing within 10 days of your return. If you fail to follow this procedure, we will not accept liability as we have been deprived of the opportunity to investigate and rectify the problem.

E-MAILS

 

Sometimes your e-mail does not reach us. If you do not receive any answer from us within 3 working days, we advise you to resend your e-mail again.

 

 

PRINTING

 

Shadows of Africa is not responsible for any possible printing errors in their brochures/leaflets/catalogs etc.

 

APPLICABLE LAWS

 

The above booking terms and conditions together with all correspondence form part of your contract with Shadows of Africa. This contract and any matters arising from it shall be governed by and interpreted in accordance with South African laws and the courts of South Africa shall have exclusive jurisdiction to hear any and all proceedings between us either relating to our contract or arising out of it.

 

WAIVER & CLAIM AGAINST INTRODUCER

 

If you have been referred to us by another part (for example a travel agent) you agree to hold them blameless and waive any and all claims against such party. Any issues you may have must be directed to us and dealt with under the terms of our contract.